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Telecommunications Act 2001

Enforcement - Enforcement of statutory and regulatory provisions - Additional remedies in relation to breach of Commission RSQ code

156MA: Order to disclose information or publish advertisement

You could also call this:

"High Court can order someone to share information or correct wrong information"

Illustration for Telecommunications Act 2001

You can go to the High Court if someone breaks a rule referred to in section 156A(1)(o). The High Court can make an order to disclose information or publish a statement. This order can tell someone to share information with the public or a specific person. You might have to share information in a certain way and at a certain time. You will have to pay for sharing this information yourself. The High Court can also decide on this application with other related proceedings. The High Court can make two types of orders: one to share information and one to publish a corrective statement. These orders are made if the Court is satisfied that someone has broken a rule. The orders can be made against the person who broke the rule or someone else involved in the breach.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS134669.

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156M: Further penalty may be imposed for continuing breach, or

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156MB: Other orders for breach of Commission code, or

"Punishments for breaking the Commission's rules"

Part 4AEnforcement
Enforcement of statutory and regulatory provisions: Additional remedies in relation to breach of Commission RSQ code

156MAOrder to disclose information or publish advertisement

  1. The High Court may make 1 or both of the following orders if the High Court is satisfied, on the application of the Commission, that a person has committed a breach referred to in section 156A(1)(o):

  2. an order requiring that person, or any other person involved in the breach, to disclose to the public, or to a particular person or class of persons, the information or class of information that is specified in the order, being information that is in the possession of the person to whom the order is directed or to which that person has access:
    1. an order requiring that person, or any other person involved in the breach, to publish corrective statements the terms of which are specified in, or are to be determined in accordance with, the order.

      1. The information must be disclosed or published—

      2. in the manner and at the times that are specified in the order; and
        1. at the person’s own expense.

          1. The High Court may hear and determine an application in conjunction with any other proceedings under this Part.

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          Notes
          • Section 156MA: inserted, on , by section 32 of the Telecommunications (New Regulatory Framework) Amendment Act 2018 (2018 No 48).